MoneyManager.com Terms of Service

MoneyManager.com, LLC  
5201 Kingston Pike, Suite 6325  
Knoxville, TN 37919  
E-mail: info@moneymanager.com

TERMS OF SERVICE AGREEMENT

Revised:  05/23/08

MoneyManager.com, LLC operates this web site www.moneymanager.com (the .Site.).  These Terms of Service govern your use of the Site.  Your access to, and use of, the Site, and the services, products and networks found at or related to the Site (referred to collectively as "MoneyManager.com" or the .MoneyManager.com Services.) are subject to these Terms of Use. This is a legal agreement between you and MoneyManager.com, LLC and its corporate affiliates. The terms "Company," "we," "us", or "our" shall refer to MoneyManager.com, LLC and its officers, members, employees, advisors, subsidiaries, affiliates, and sister and parent companies, if any.  By using the Site, you signify that you have read, understand and agree to be bound by the Terms of Use. If you do not agree to these terms and conditions, please do not use the Service or interact with the Site.  The terms "you," "your" or "User" shall refer to any individual or entity who accepts the terms and conditions of this Agreement by using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the MoneyManager.com Services or functions offered in or by the Site and/or the contents of the Site in any way.  This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

ELIGIBILITY 

The Site is available only to Users that can form legally binding contracts under applicable law. The Site and the materials located on or through the Site are provided for informational purposes only. You agree and acknowledge that we make no representation or warranty as to the accuracy of any information on the Site or linked to the Site. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service and/or the Site, you represent and warrant that you are 18 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Service.

SECURITY POLICY

Although MoneyManager.com takes reasonable measures to ensure that your personal information is disclosed only to entities or individuals intended to service your request, MoneyManager.com does not guarantee that the information you provide will not be intercepted by others.

DESCRIPTION OF SERVICES

MoneyManager.com, LLC is not a financial or investment advisor, financial planner or debt consolidation service.  MoneyManager.com delivers the information provided by its Users to third parties who match the information with investment advisory services, credit counseling services, debt consolidation services, or a combination of such services (as applicable, .Service Advisors.).  By submitting your information you agree to provide complete and accurate contact information, and that representatives of such Service Advisors may contact you to discuss their services, even if you are listed on any .Do-Not-Call. registry.

MoneyManager.com.s sole business is to deliver information provided by the User to participating Service Advisors. MoneyManager.com is not your agent or the agent of any participating Service Advisors. You acknowledge that MoneyManager.com does not recommend or endorse the services/products of any Service Advisors. 

MoneyManager.com does not charge you a fee to use the MoneyManager.com Services.  MoneyManager.com is paid a referral fee by the participating Service Advisors. Your use of this Site constitutes your agreement with this form of compensation.  MoneyManager.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While MoneyManager.com tries to ensure that the content on MoneyManager.com is complete, up-to-date, readily available and clearly explained, MoneyManager.com, LLC cannot guarantee that the Site will always be operating or that its content will always be accurate. MoneyManager.com, LLC will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information. 

You agree that all of the information you will provide via any of the MoneyManager.com requested forms will be true, accurate and complete and will not misappropriate another's identity or misrepresent your relationship with any person or entity.  By submitting your contact request on MoneyManager.com, you are consenting to be contacted by one or more Service Advisors either by telephone, email or mail based on the information you have provided to us, regardless of whether you have listed yourself on any private, state or federal .Do-Not-Call. list.  You also understand that the Service Advisors may retain your request and/or contact information whether you elect to use their services or not. In the event you no longer want to receive communications from any Service Advisors, you acknowledge you must notify the particular Service Advisors directly.  You also give MoneyManager.com permission to send you periodic updates of products which may be of interest to you. 

The Service Advisors are solely responsible for their services to you. You agree that MoneyManager.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Site, the MoneyManger.com Services, or the services offered by the participating Service Advisors. MoneyManager.com reserves the right to at any time, at its sole discretion, to discontinue, suspend or terminate the participation of any Service Advisor.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are owned by MoneyManager.com, LLC.  Copyright © 2008 MoneyManager.com, LLC, 5201 Kingston Pike, Suite 6325, Knoxville, TN 37919, U.S.A. All rights reserved. Other product and company names mentioned herein, including the names of participating Service Advisors, may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

All content on MoneyManager.com is intended to be accurate and reliable. However, MoneyManager.com cannot grantee the accuracy of any content provided on the site. The MONEYMANAGER.COM SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND WITH ALL FAULTS." MONEYMANAGER.COM, LLC DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE OR THE MONEYMANAGER.COM SERVICES IS AT YOUR OWN RISK. MONEYMANAGER.COM, LLC, ITS SUPPLIERS AND/OR THIRD PARTIES WITH WHOM IT WORKS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR SERVICES OR WITH THE DELAY OR INABILITY TO USE MONEYMANAGER.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONEYMANAGER.COM, LLC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF. 

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.

INDEMNITY

As a condition of use of MoneyManager.com, you agree to indemnify MoneyManager.com, LLC and its owners, officers, employees, advisors, affiliates and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES

MoneyManager.com may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. MoneyManager.com does not operate or control in any respect any information, software, products or services available on such Web sites. The inclusion on the Site of any link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization by MoneyManager.com, LLC.

ERRORS AND DELAYS

MoneyManager.com is not responsible for any errors or delays in responding to a qualification form or referral form for any reason whatsoever, including but not limited to, delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MONEYMANAGER.COM, LLC WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

Any claim or controversy arising out of or relating to the use of the MoneyManager.com Services, to the goods or services provided by MoneyManager.com, or to any acts or omissions for which you may contend MoneyManager.com is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The venue for any such arbitration shall be in Knoxville, Tennessee. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to MoneyManager.com. All costs associated with arbitration will be paid by the initiating party. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Knoxville, Tennessee. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MoneyManager.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Knoxville, Tennessee. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

By using the MoneyManager.com Services you consent to these restrictions.

OTHER TERMS  

This Agreement constitutes the entire agreement between you and MoneyManager.com, LLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MoneyManager.com, LLC with respect to the MoneyManager.com Services. This Agreement shall be subject to and construed in accordance with the laws of the State of Tennessee. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.